Lawyers for Drug Possession
and Supply Offences

1. We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to a lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
2. Following thorough legal advice regarding the charge, weaknesses of the prosecution case against you and your available defence you may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply.
3. If you agree to the necessary elements of offence but not the alleged Police Facts Sheet, you have the option of proceeding to a disputed facts hearing. Police Facts sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
4. If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.

In New South Wales, the possession of a prohibited drug is punishable by a potential term of imprisonment of 2 years and a fine of up to $2,200.00. As a summary offence, it will be dealt with in the Local Court.

A defence is a reason, which when accepted by the Court will result in your charge being dismissed without any penalty. Potential defences include:

1. The substance found was not in fact a prohibited drug (this will be evident in the drug analysis certificate) and you did not believe it to be,
2. The substance was not in your possession or you were not aware the drug was in your possession;
3. You were licensed or authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966.

If you are charged with possession of a prohibited drug and are issued a court attendance notice, we strongly advise against completing the written notice of pleading, despite this being the advice of many police officers. The potential of being convicted for the offence increases dramatically and it is unlikely the court will exercise discretion if you are not present to state your case.

All supply prohibited drugs matters are considered by the Court to be very serious and are often dealt with by severe penalties. Legal representation by an experienced lawyer in this field is vital.

If you are found in possession of what is deemed a ‘trafficable quantity’ of a particular drug, the law states that it is presumed that the drugs were not for your personal use but for the purpose of supply. The prosecution to do not require any evidence of your intention to supply. The trafficable quantities vary for each particular drug and is prescribed in Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW).

If the drug is of a trafficable quantity, the prosecution must prove the same elements as possessing a prohibited drug which are explained above. If it is less than a trafficable quantity, they must prove you intended to supply the drug to another person. If the prosecution cannot prove all elements, you will be found not guilty, the charges will be dismissed, you will avoid a conviction and you will not be penalised for the offence in any way.

If you are successfully found not guilty, no penalty applies.

Supply of a prohibited drug is punishable by a term of imprisonment of up to 15 years.
Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) states that “a person who supplies, or who knowingly takes part in the supply of, a prohibited drug, is guilty of an offense”.

Upon conviction, the Court may impose the following penalties:

• Conditional release Order (CRO) – A non conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
• Fine – A criminal conviction with a monetary penalty.
• A Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
• Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
• Full time Imprisonment) – Incarceration in a prison away from the community with a set non parole period.